Sub-section (2-A) of Sec.3 of the Minimum Wages Act, 1948, which provides that minimum wages fixed during the pendency of an industrial dispute adjudication shall not apply to employees during the period of the dispute, can be given retrospective effect and does not violate Article 14 of the Constitution.

Sahai, J.

1. Miscellaneous Judicial Case No. 306 of 1962 arises out of Minimum Wages Act Case No. 6 of 1961 before the Labour Court, and Miscellaneous Judicial Case No. 361 of 1962 arises out of Minimum Wages Art Case No. 22 of 1961 before the same Court. Both these cases have been taken up together because the Labour Court has disposed of both the cases by one judgment and also because the points involved in both are the same The applications, which were filed before the Labour Court, were both under Sec.20 of the Minimum Wages Act, 1948 (hereinafter to be referred to as the Act unless the context shows otherwise). The Labour Court has upheld a preliminary objection taken by the opposite party, i.e., the management of the Motipur Zamindari Co. Private Ltd. (hereinafter to be referred to as the company), and has dismissed the applications.

2. It is necessary to mention some facts in order to appreciate the points which arise for consideration. There was a dispute between the management and the employees of the company. By notification No. III/DI-1000/ 57-13354, dated the 29th July, 1957, the Governor of Bihar referred the dispute between the management and the workmen to the Industrial Tribunal for adjudication. One of the matters in dispute was as follows:

"What should be the wage of each of the categories of workmen? Whether a time-scale of wages with provision for annual increment be provided for workmen? What should be the rate of payment to the loading mazdoors for loading cane and such other purposes?"

It is admitted on both sides that the adjudication was pending at the time when the applications under Sec.20 of the Act were taken up for consideration by the Labour Court.

3 By notification No. VI/W3-1088/59 1-4068, dated the 4th March, 1959, the Governor of Bihar fixed, within the meaning of Clause (iii) of Sub-section (1) of Sec. 4 of the Act, the minimum rates of wages for the whole of Muzaffarpur District in respect of employees doing different classes of work in agriculture and in operations ancillary to agriculture. This notification came into force with effect from the 1st April, 1959, which was the date of its publication in the Bihar Gazette. It is admitted by Mr. J. Krishna, the learned advocate for the petitioners, that this notification was issued during the pendency of the adjudication proceeding referred to under the notification of the 29th July 1957.

4. The Minimum Wages (Amendment) Act (XXXI of 1961) received the assent of the President of India on the 28th August, 1961. It was published in the Central Gazette on the 29th August. This Act inserted Sub-section (2-A) in Sec.3 of the main Act.

5. The petitioners filed the two applications under Sec.20 of the Act on the 26th April, 1961. On the 28th November, 1961, the management of the company filed a petition before the Labour Court, taking a preliminary objection that the applications did not lie in view of the amending Act. On the 29th January, 1962, the petitioner filed a reply to the managements petition, After hearing the parties, the Labour Court upheld the preliminary objection, as I have already mentioned. The provisions of Sub-section (2-A) of Sec.3 of the Act may now be quoted:

"(2-A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the pro